Thesis (Ph. D.)--Columbia University, 1934. / Vita. Published also without thesis note.

Thesis (Ph. D.)--Columbia University, 1934. / Vita. Published also without thesis note.

M.Com. / Please refer to full text to view abstract

The subject of trusts, even in the particular area of income tax, is vast. Therefore, it is important that I discuss from the outset the outline of my approach in order to give my treatment of the subject under consideration form and direction. And that is what I propose to do briefly here. The discussion consists of five parts. The first of these is the Background which includes definitions and an historical note which I consider to be necessary in view of the largely common law - as opposed to a codified magnus opus 1 - basis of South African law of trusts, where "Other statutes are superimposed, like a ship upon the water, on the common law without replacing it .... The second part also has some historical element, but this is limited to the Taxability of Trusts, qua trusts or legal personae, in income tax law; while the third deals with kinds of Trusts and Their significance. The fourth looks at Income Tax Avoidance Opportunities while the last considers Anti-Avoidance Provisions of the Act 3 Relevant to Trusts, interspersed with one or two examples of schemes not only immune to the specific anti- • avoidance provisions of Section 7 but probably also to the general anti-avoidance provisions of Section 103 (1). Examples will be liberally used for purposes of illustration.

No description available.

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Thesis (LL. M.)--York University, 1993. Graduate Programme in Law. / Typescript. Includes bibliographical references (leaves 345-359). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pMQ39228.

The purpose of this technical report is not to establish a definitive answer as to the validity and suitability of a business trust as a new form of a business entity, but is aimed at addressing the uncertainties that have emanated from the use of a traditional trust structure as a business vehicle. A critical analysis of the recommendations made by the Margo Commission that the taxation treatment of business trusts and companies should be aligned in order to avoid the tax abuse of business trusts will also be undertaken. Globally trusts, especially discretionary inter vivos trusts, are formed purely for carrying on a business including owning and letting of property. However, there are divergent views whether a trust can be used for commercial purposes. Honore (1985 : Preface) is of the opinion that "The use of trusts for business purposes - no new phenomenon, since testators long since saw the advantage of setting up a trust to carry on their enterprises after their death - raises complex issues of control. It should not be assumed without thorough investigation of the past record and future possibilities of business trusts that there is no room for a tertium quid between the commercial partnership and the incorporated company". Wunsh (1986 : 561 - 82) says that a business trust provides a method of setting up or continuing a business alternative to an incorporated company or close corporation (Honore, 1992 : 74). In general a business trust is a pure trust the main object of which is to carry on a business enterprise with a view to making a profit and distributing it amongst the beneficiaries. Notwithstanding the fact that the Trust Property Control Act which controls all forms of trusts was enacted in 1988, Honore (1992 : Preface) is of the view that business trusts call for some further regulation, but not for the full panoply detailed in the Companies Act or even the Close Corporations Act. The analysis of the recommendation of the Margo Commission to align the taxation treatment of business trusts and companies shows that business trusts are not close substitutes for companies as they are 'pure trusts' formed purely for protecting the founder's business for the benefit of the beneficiaries. Although there may be similarities, there are also dissimilarities between business trusts and companies. Further, there are no compelling reasons for changing the current tax regime since taxing business trusts like companies will not necessarily improve equity or efficiency and particularly prevent perceived tax abuse. Tax abuse should be addressed at its source through better enforcement action to limit tax abuse opportunities. In conclusion it will be shown that although a business trust can at present provide certain tax advantages while still preserving the limited liability of the trustees, legislation is gradually being introduced which will iii result in trading trusts being taxed on the same basis as companies. However, the researcher submits that the legislature will not be solving the problem by aligning the tax treatment of business trusts and companies. / Thesis (M.Com.)-University of Kwazulu-Natal, 2004.

Thesis (LL. M.)--University of Toronto, 2005.

Thesis (D. Min.)--Midwestern Baptist Theological Seminary, 1993. / Includes bibliographical references (leaves 276-282).